1. The Defendant’s KRW 5,542,258 as well as the Plaintiff’s annual rate of KRW 5% from March 8, 2013 to February 20, 2014.

1. Basic facts

A. From around 2000, the Defendant commenced transactions for the withdrawal of the Plaintiff’s products, and had 35 gold bars owned by the Plaintiff keep them.

B. On April 12, 2012, the Defendant requested the Plaintiff to return the gold penalty in his/her custody upon termination of the transaction with the Plaintiff, and returned the gold penalty in his/her custody. However, the Defendant failed to return the gold penalty in his/her custody (hereinafter “gold penalty in the instant case”) in the following sequence: (i) night hand hand, (ii) night hand hand, (iii) night hand, (iv) bream, and (v) bream penalty (hereinafter “gold penalty in the instant case”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The plaintiff asserts that the defendant did not receive a refund of each of the gold and the forward set from the defendant, and therefore, he is responsible for compensating for the amount of 35 million won. Accordingly, the defendant asserts that the defendant offsets the plaintiff's damage claim against the price of supply of private goods against the plaintiff's damage claim.

3. Determination on each of the gold punishments of this case

A. According to the facts as seen earlier prior to the occurrence of liability for damages, the Defendant is liable to compensate the Plaintiff for damages incurred therefrom, on the ground that, after the contract for the manufacture and supply of the goods with the Plaintiff was terminated, the Defendant failed to return the gold surcharges to the Plaintiff, which were not returned to the Plaintiff, and thus, the Defendant’s duty to return was impossible.

B. As to the scope of damages caused by the Defendant’s nonperformance of the duty to return each of the instant monetary penalties, the following circumstances, namely, ① the production costs of the instant monetary sentence 6,794,816 won as at the time of production, and the production costs of the instant monetary sentence 5,816,814 won as at the time of production, and the production costs of the instant monetary sentence 3 KRW 5,349,354, and the production costs of the instant monetary sentence 5,349,354 won as at the time of production, and the production costs of the instant monetary sentence 45,699.